General Terms and Conditions PUJA GmbH

§ 1 General, Scope

1. The following General Terms and Conditions govern the contractual relationship between PUJA GmbH, Ungererstrasse 129, 80905 Munich (hereinafter "PUJA"), Tel. 0800-6262108 and the Purchaser in their version valid at the time of the order for orders placed by the Purchaser in the online store at www.puja.pet as well as on the social media channels puja.pets. They apply to all deliveries within the territory of the European Union.

2. "Consumer" within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity (§ 13 BGB).

§ 2 Conclusion of the contract.

1. the presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog.

2. The purchaser can submit the offer via the online order form integrated in PUJA's online store. After entering his personal data, the orderer submits a legally binding order of the goods contained in the shopping cart by clicking the button "Buy now".

3. As far as the orderer selects in the order process the regular delivery of goods by PUJA in the interval chosen by the orderer (e.g. one-time, weekly or monthly delivery), the orderer makes a legally binding offer for the conclusion of a purchase contract for the regular delivery of the respective goods/goods by clicking on the button "Buy now". The delivery of the selected goods/goods by PUJA takes place regularly at the respective interval selected by the purchaser. The contract runs for an indefinite period of time. The Purchaser may terminate the contract up to the 5th working day before the next scheduled regular delivery at least in text form according to § 126 b BGB (e.g. by mail or by email to info@puja.pet) with effect for the next delivery due after the interval selected by the Purchaser (Example: If the next scheduled delivery date is the coming Saturday, the notice of termination must be received by PUJA by midnight on the preceding Monday). PUJA can also terminate the contract at any time with effect for the next delivery scheduled after the interval chosen by the purchaser. The Purchaser may also interrupt or pause the delivery for a certain period of time or change the selected interval of delivery (e.g. change from weekly delivery to monthly delivery). The Purchaser, if he/she has selected the Paypal payment method, may also pause or cancel the regular payment to PUJA in his/her Paypal account, with the same contractual effects mentioned above.

4. PUJA will immediately confirm receipt of the purchaser's offer electronically (by email). This order receipt confirmation does not yet constitute an acceptance of the contractual offer. PUJA can accept the purchaser's offer by a written (letter) or electronically transmitted (email) order confirmation or by delivery of the goods within five days.

Before the binding submission of the order, the customer can continuously correct all entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before binding submission of the order and can be corrected by returning to previous steps of the ordering process and using the usual keyboard and mouse functions.

6. The contract language is German. The contract text including the general terms and conditions will be made available to the customer in accordance with the statutory provisions, we do not make any further storage after the conclusion of the contract.

§ 3 Prices, payment.

1. The stated product prices are final prices, i.e. they include all price components, including the statutory national sales tax. Additional delivery and shipping costs will be indicated separately in the ordering process before completion of the order.

2. The purchaser can pay by credit card (Stripe) and PayPal PLUS. PUJA reserves the right to exclude or not offer certain payment methods without further justification. PUJA processes all payments through external payment service providers. Namely, these are Stripe and PayPal.

3. In the case of a contract for regular delivery of goods from PUJA (regular delivery) according to § 2 No. 3 of these GTC, the debit is recurring at the respective selected delivery interval via the payment method selected by the purchaser, as long as the purchaser does not terminate the contract or does not pause the contract. The customer must ensure sufficient account coverage.

4. In cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, we offer the following payment options via the PayPal PLUS program. Payment is made to PayPal in each case. PayPal PLUS includes PayPal, PayPal direct debit (SEPA-compliant), PayPal credit card and PayPal purchase on account. In the process, we will transmit personal data, such as contact information and order data, to PayPal. This allows PayPal to assess whether you can use the payment options offered via PayPal and to adapt the payment options to your needs. General information about PayPal is available here. Your personal information will be treated by PayPal in accordance with the applicable data protection regulations and as specified in PayPal Privacy Policy.

5. In cooperation with Stripe, Inc.354 Oyster Point Boulevard South San Francisco, California, 94080, USA, we offer the following payment options via Mastercard, Visacard, American Express credit cards. In each case, the payment is made to Stripe. In the process, we will transmit personal data, such as contact data and order data, to Stripe. This allows Stripe to assess whether you can use the payment options offered via Stripe and to adapt the payment options to your needs. General information about Stripe is available here. Your personal data will be treated by Stripe in accordance with the applicable data protection regulations and as specified in Stripe Privacy Policy.

The use of the payment methods requires a positive credit check. In this respect, we forward your data to PayPal or Stripe for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and PayPal Terms of Use can be found here. Further information and Stripe terms of use can be found here. 

 § 4 Delivery, acceptance of goods.

1. We ship our items with our shipping partners DHL GoGreen.

2. The delivery is made by sending the purchased item to the address provided electronically by the customer.

3. the delivery takes place only after receipt of payment of the total amount on the account indicated under § 3 No. 3 or with credit notes in the sense of § 2 No. 4 and No. 5 of these AGB.

4. Due to legal or regional holidays, the day of dispatch / delivery may be delayed. If this personal acceptance is not possible, a different delivery address can be specified in the order or to DHL GoGreen a parking permit.

5. The delivery within Germany is free of shipping costs. Outside Germany, we charge the following shipping prices:

§ 5 Right of withdrawal.

PUJA is entitled to immediately withdraw from the contract with the purchaser if Puja, despite concluding a congruent covering transaction, is not supplied by its own suppliers, is not supplied on time or is supplied with defective quality (raw material defects). The right of withdrawal shall not apply if Puja is responsible for the non-delivery, late delivery or defective delivery. Puja undertakes to inform the Purchaser immediately about the non-availability of the performance. Already replaced services, especially a total price already paid by the purchaser, will be refunded immediately.

§ 6 Warranty

PUJA is liable for defects according to the legal regulations applicable to this, in particular §§ 434 ff. BGB.

§ 7 Liability

1. PUJA is liable in the case of damages to the purchaser (a) from injury to life, body or health caused by a breach of duty by PUJA or one of its legal representatives or vicarious agents, (b) according to the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation, (c) if PUJA or its legal representatives or vicarious agents caused the damage intentionally or through gross negligence, and/or (d) if the damage was caused by the breach of an obligation of PUJA, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the member regularly relies and may rely (cardinal obligation).

2. PUJA is liable in the cases of paragraph 1, letters (a), (b) and/or (c) unlimited in amount. Otherwise, the damage is limited to the foreseeable, contract-typical damage.

3. In cases other than those mentioned in paragraph 1, PUJA's liability is excluded regardless of the legal ground.

4. The liability regulations in the above paragraphs also apply to a personal liability of the legal representatives, employees and vicarious agents of PUJA.

§ 8 Retention of title.

The goods remain the property of PUJA until full payment has been made.

§ 9 Offset.

The purchaser is only entitled to set-off if the claim put forward for set-off has been legally established or is undisputed.

This offsetting prohibition does not apply to claims arising from a restitution obligation, in particular to claims based on a revocation.

§ 10 Right of revocation for consumers, SEPA chargeback via PayPal.

Please note the information below regarding the right of withdrawal for consumers. A return in a different packaging does not affect the effectiveness of the revocation or the associated rights.

CAUTION: A SEPA chargeback via PayPal from your online banking causes unnecessary costs and is not a sufficient revocation. Please just use the normal revocation option - we will refund the money as soon as possible. In the case of SEPA chargeback, you are obliged to reimburse us for any costs incurred.

§ 12 Data protection.

For data protection, please see our privacy policy.

§ 13 Amendment of the Terms and Conditions of Use:

PUJA reserves the right to change its Terms and Conditions with a notice period of at least six (6) weeks before they come into effect.

PUJA will announce the respective change by email. At the same time, we will explicitly inform you that the respective change will become an object of the existing contract between you and PUJA, if you do not object to this change within a period of two (2) weeks from the announcement of the change. If you object, the previous General Terms and Conditions will continue to apply unchanged. If you do not object to the changes within two (2) weeks after being notified accordingly by e-mail to info@puja.pet the changes to the General Terms and Conditions shall be deemed approved. PUJA has to inform you explicitly about the possibility of objection and the meaning of the deadline.

§ 14 Final provisions.

1. The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

2. If the purchaser is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is PUJA's place of business. The same applies if the purchaser does not have a general place of jurisdiction in Germany or the EU or his place of residence or habitual abode is not known at the time the action is brought. The right to also call the court at another legal place of jurisdiction remains unaffected by this.

Cancellation Policy for Consumers

Right of revocation

You have the right to revoke this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In the case of separate delivery of several goods ordered in a single order, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. For contracts for the regular delivery of goods over a fixed period of time, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

To exercise your right of withdrawal, you must inform us (Puja GmbH, Ungererstrasse 129, 80905 Munich, e-mail: info@puja.pets) by means of a clear statement (for example, a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal.

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs - with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us - without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct cost of returning the goods.

Exclusion of the right of withdrawal.

The statutory right of withdrawal for consumers does not exist:

- a) for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded (§ 312 g para 2 No.2 BGB),

- b) for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery (§ 312 g para 2 No. 3 BGB).

Cancellation form.

Sample cancellation form

Returns of goods please only after consultation with PUJA to our logistics:

Puja GmbH, Ungererstrasse 129, 80805 Munich, Email: info@puja.pet

If you wish to revoke the contract, please fill out and return this form.

To

Puja GmbH
Leopoldstraße 244
80807 Munich

Email:  info@puja.pet

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods(*) /the provision of the following service (*):

______________________________________________________________________

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 Ordered on (*)/received on (*):

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Name of consumer(s):

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Address of consumer(s):

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 Signature of consumer(s) (for paper notice only):

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 Place/ Date:

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 (*) Delete as applicable.